20210920Reply to Suez Response.pdf

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il,';'::i,,20 PFI 2:25David M. Fogg (ISBN 7610)
ELC Legal Services, LLC
3142W. Belltower Drive
Meridian, Idaho 83646
Telephone: [phone]
[e-mail]
IN THE MATTER OF SUEZ WATER
IDAHO INC.'s APPLICATION FOR
AMMENDMENT OF ITS CERTIFICATE
OF PUBLIC CONVENIENCE AND
NECESSITY
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BEFORE THE IDAHO PUBLIC UTILITIES COMMISSION
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CASE NO. SUZ-W-21-02
ORDER NO.35130
ATOVA,INC.'S REPLY TO SUEZ WATER IDAHO INC.'s RESPONSE
TO PETITION FOR RECONSIDERATION
On August 27,2021, Atova filed a petition forreconsideration of OrderNo. 35130 pursuant
to Idaho Code Idaho Code $ 6l-626.
On September 3,2021, SUEZ Water Idaho ("SUEZ"),lnc. submitted a Response in which
they respectfully asked that the Petition be denied. SUEZ contends in its Response that Atova had
not "identified any aspect of the Commission's Order that is unreasonable, unlawful, or
erroneous." SUEZ stated that Atova is "in no way sffanded," and that they are "confident [ ] Atova
will be able to obtain water service when service becomes necessary." After reviewing SUEZ's
Response in its entirety, we respectfully disagree with these arguments and request that the
Commission grant Avtova's Petition for Reconsideration.
Atova respectfully submits that the Commission's Order was based on the eroneous
information, that Atova could either receive water service from the City of Eagle or SUEZ, and
would not be in a position that neither would provide service. Contrary to the previous assertion,
it appears that the City of Eagle will only provide water service to new developments, such as
Atova, once the development becomes annexed to the City of Eagle. Whether or not this
annexation requirement was made clear to the Commission at the time of their original
consideration is unclear, and unfortunately, has left our client in the position of potentially not
being provided water service from either source.
As both Atova and SUEZ noted in their submissions, one of the legal consequences of the
Commission's decision was that SUEZ is no longer legally obligated to provide service to the area.
While it is true, as the Response discusses, that the Commission was aware of this legal
consequence at the time of the decision, the Order failed to provide guidance to customers
requesting service beyond the "hope" that the Water Management Agreement would allow the
City of Eagle and SUEZ to work together to service the area. This fails to take into consideration
the extrarequirements requiredbythe City of Eagle (i.e. annexation) to obtain service. It is Atova's
position that the Commission's Order was based on incomplete information related to the
requirements ofthe City of Eagle and associated extra burdens on new developments who may not
want to annex, which could potentially place Atova in a position to be "stranded" if SUEZ declines
to service the area.
While SUEZ states that water service will be available, when necessary (through either
SUEZ or the City of Eagle), Atova does not share this confidence. Without a legal obligation to
provide service to the area, it is still unclear what effect the Water Management Agreement will
have on future water service to the area.
Atova respectfully requests that the Commission takes these considerations under
advisement and reconsider its final order.
Dated this 206 day of September}}2l.
Submitted,
David M. Fogg,Inc
CERTTTICATE OF SERVICE
I HERBY CERTIFY that on the 20ft day of September, 2O2L,a true and correct copy of
the foregoing document was served on the following in the manner indicated:
JanNoriyuki
Commission Secretary
Idaho Public Utilities Commission
1 1331 W. Chinden Blvd., Bldg No. 8
suite 201-A. (83714)
PO BOX 83720
Boise,Idaho 83720
Dayn Hardie
Deputy Attorneys General
Idaho Public Utilities Commission
11331 W. Chinden Blvd., Bldg No. 8
Suite 201-A (83714)
PO BOX 83720
Boise,Idaho 83720
Michael C. Creamer
Attorney for SUEZ Water Idaho,Inc
Givens Pursley LLP
601 W. Bannock St.
Boise,Idaho 83702
Preston N. Carter
Attorney for SUEZ Water Idaho, Inc.
Givens Pursley LLP
601 W. Bannock St.
Boise,Idaho 83702
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